We represented a Nigerian company in a unique case against aviation the giant Lufthansa, which for the first time in Lithuanian case law history raised the issue of application of the Cape Town Convention in the country. The subject matter of the proceedings was the return of assets pledged to the Nigerian company and seized. A Boeing 737-86N aircraft and its engine had been seized at Vilnius Airport under a European Arrest Warrant.
After hearing the case, the Lithuanian court ruled for the first time in the country’s judicial history that the Cape Town Convention, which has not been ratified by Lithuania, applied. In the dispute between the Nigerian company and Lufthansa, the Convention was the only legal ground for opening such a case and the strongest argument for returning the assets seized.
The court of first instance rejected our arguments, stating that Lithuania had not ratified the Cape Town Convention. However, the Court of Appeal of Lithuania found that the Convention had to be applied and the assets had to be returned.
The project was led by partner Kęstutis Švirinas and senior associate Almina Ivanauskaitė.